Full Text of SB2537 99th General Assembly
SB2537eng 99TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Regulatory Sunset Act is amended by adding | 5 | | Section 4.36a as follows: | 6 | | (5 ILCS 80/4.36a new) | 7 | | Sec. 4.36a. Act repealed on December 31, 2026. The | 8 | | following Act is repealed on December 31, 2026: | 9 | | The Medical Practice Act of 1987. | 10 | | (5 ILCS 80/4.26a rep.) | 11 | | Section 10. The Regulatory Sunset Act is amended by | 12 | | repealing Section 4.26a. | 13 | | Section 15. The Medical Practice Act of 1987 is amended by | 14 | | changing Section 21 as follows:
| 15 | | (225 ILCS 60/21) (from Ch. 111, par. 4400-21)
| 16 | | (Section scheduled to be repealed on December 31, 2016)
| 17 | | Sec. 21. License renewal; reinstatement; inactive status; | 18 | | disposition and
collection of fees. | 19 | | (A) Renewal. The expiration date and renewal period for | 20 | | each
license issued under this Act shall be set by rule. The |
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| 1 | | holder of a
license may renew the license by paying the | 2 | | required fee. The
holder of a
license may also renew the | 3 | | license within 90 days after its expiration by
complying with | 4 | | the requirements for renewal and payment of an additional
fee. | 5 | | A license renewal within 90 days after expiration shall be | 6 | | effective
retroactively to the expiration date.
| 7 | | The Department shall attempt to provide through electronic | 8 | | means mail to each licensee under this Act , at his or her | 9 | | address of record , at least 60 days in advance of the | 10 | | expiration date of his or her license, a renewal notice. No | 11 | | such license shall be deemed to have lapsed until 90 days after | 12 | | the expiration date and after the Department has attempted to | 13 | | provide such notice has been mailed by the Department as herein | 14 | | provided. | 15 | | (B) Reinstatement. Any licensee who has permitted his or | 16 | | her
license to lapse or who has had his or her license on | 17 | | inactive
status may have his or her license reinstated by | 18 | | making application
to the Department and filing proof | 19 | | acceptable to the
Department of his or her fitness to have the
| 20 | | license reinstated,
including evidence certifying to active | 21 | | practice in another
jurisdiction satisfactory to the | 22 | | Department, proof of meeting the continuing
education | 23 | | requirements for one renewal period, and by paying
the required | 24 | | reinstatement fee.
| 25 | | If the licensee has not maintained an active practice
in | 26 | | another jurisdiction satisfactory to the Department, the
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| 1 | | Licensing Board shall determine, by an evaluation program
| 2 | | established by rule, the applicant's fitness to resume active
| 3 | | status
and may require the licensee to complete a period of
| 4 | | evaluated clinical experience and may require successful
| 5 | | completion of a practical examination specified by the | 6 | | Licensing Board.
| 7 | | However, any registrant whose license has expired while
he | 8 | | or she has been engaged (a) in Federal Service on active
duty
| 9 | | with the Army of the United States, the United States Navy,
the | 10 | | Marine Corps, the Air Force, the Coast Guard, the Public
Health | 11 | | Service or the State Militia called into the service
or | 12 | | training of the United States of America, or (b) in
training or | 13 | | education under the supervision of the United
States | 14 | | preliminary to induction into the military service,
may have | 15 | | his or her license reinstated without paying
any lapsed renewal | 16 | | fees, if within 2 years after honorable
termination of such | 17 | | service, training, or education, he or she
furnishes to the | 18 | | Department with satisfactory evidence to the
effect that he or | 19 | | she has been so engaged and that his or
her
service, training, | 20 | | or education has been so terminated.
| 21 | | (C) Inactive licenses. Any licensee who notifies the
| 22 | | Department, in writing on forms prescribed by the
Department, | 23 | | may elect to place his or her license on an inactive
status and | 24 | | shall, subject to rules of the Department, be
excused from | 25 | | payment of renewal fees until he or she notifies the
Department | 26 | | in writing of his or her desire to resume active
status.
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| 1 | | Any licensee requesting reinstatement from inactive
status | 2 | | shall be required to pay the current renewal fee, provide proof | 3 | | of
meeting the continuing education requirements for the period | 4 | | of time the
license is inactive not to exceed one renewal | 5 | | period, and
shall be required to reinstate his or her license | 6 | | as provided
in
subsection (B).
| 7 | | Any licensee whose license is in an inactive status
shall | 8 | | not practice in the State of Illinois.
| 9 | | (D) Disposition of monies collected. All monies
collected | 10 | | under this Act by the Department shall be
deposited in the | 11 | | Illinois State Medical Disciplinary Fund in
the State Treasury, | 12 | | and used only for the following
purposes: (a) by the | 13 | | Disciplinary
Board and Licensing Board in the exercise of its | 14 | | powers and performance of its
duties, as such use is made by | 15 | | the Department with full
consideration of all recommendations | 16 | | of the
Disciplinary Board and Licensing Board, (b) for costs | 17 | | directly related to
persons licensed under this Act, and (c) | 18 | | for direct and allocable indirect
costs related to the public | 19 | | purposes of the Department.
| 20 | | Moneys in the Fund may be transferred to the Professions | 21 | | Indirect Cost Fund
as authorized under Section 2105-300 of the | 22 | | Department of Professional
Regulation Law (20 ILCS | 23 | | 2105/2105-300).
| 24 | | The State Comptroller shall order and the State Treasurer | 25 | | shall transfer an amount equal to $1,100,000 from the Illinois | 26 | | State Medical Disciplinary Fund to the Local Government Tax |
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| 1 | | Fund on each of the following dates: July 1, 2014, October 1, | 2 | | 2014, January 1, 2015, July 1, 2017, October 1, 2017, and | 3 | | January 1, 2018. These transfers shall constitute repayment of | 4 | | the $6,600,000 transfer made under Section 6z-18 of the State | 5 | | Finance Act. | 6 | | All earnings received from investment of monies in the
| 7 | | Illinois State Medical Disciplinary Fund shall be deposited
in | 8 | | the Illinois State Medical Disciplinary Fund and shall be
used | 9 | | for the same purposes as fees deposited in such Fund.
| 10 | | (E) Fees. The following fees are nonrefundable.
| 11 | | (1) Applicants for any examination shall be required
to | 12 | | pay, either to the Department or to the designated
testing | 13 | | service, a fee covering the cost of determining the
| 14 | | applicant's eligibility and providing the examination.
| 15 | | Failure to appear for the examination on the scheduled | 16 | | date,
at the time and place specified, after the | 17 | | applicant's
application for examination has been received | 18 | | and
acknowledged by the Department or the designated | 19 | | testing
service, shall result in the forfeiture of the | 20 | | examination
fee.
| 21 | | (2) Before July 1, 2018, the fee for a license under | 22 | | Section 9 of this Act
is $700. Beginning on July 1, 2018, | 23 | | the fee for a license under Section 9 of this Act is $500.
| 24 | | (3) Before July 1, 2018, the fee for a license under | 25 | | Section 19 of this Act
is $700. Beginning on July 1, 2018, | 26 | | the fee for a license under Section 19 of this Act is $500.
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| 1 | | (4) Before July 1, 2018, the fee for the renewal of a | 2 | | license for a resident of Illinois
shall be calculated at | 3 | | the rate of $230 per year, and beginning on July 1, 2018, | 4 | | the fee for the renewal of a license shall be $167, except | 5 | | for licensees
who were issued a license within 12 months of | 6 | | the expiration date of the
license, before July 1, 2018, | 7 | | the fee for the renewal shall be $230, and beginning on | 8 | | July 1, 2018 that fee will be $167. Before July 1, 2018, | 9 | | the fee for the renewal
of a license for a nonresident | 10 | | shall be calculated at the rate of $460 per
year, and | 11 | | beginning on July 1, 2018, the fee for the renewal of a | 12 | | license for a nonresident shall be $250, except for | 13 | | licensees
who were issued a license within 12 months of the | 14 | | expiration date of the
license, before July 1, 2018, the | 15 | | fee for the renewal shall be $460, and beginning on July 1, | 16 | | 2018 that fee will be $250.
| 17 | | (5) The fee for the reinstatement of a license other
| 18 | | than from inactive status, is $230. In addition, payment of | 19 | | all
lapsed renewal fees not to exceed $1,400 is required.
| 20 | | (6) The fee for a 3-year temporary license under
| 21 | | Section 17 is $230.
| 22 | | (7) The fee for the issuance of a duplicate license,
| 23 | | for the issuance of a replacement license for a license
| 24 | | which has been lost or destroyed, or for the issuance of a
| 25 | | license with a change of name or address other than during
| 26 | | the renewal period is $20. No fee is required for name and
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| 1 | | address changes on Department records when no duplicate
| 2 | | license is issued.
| 3 | | (8) The fee to be paid for a license record for any
| 4 | | purpose is $20.
| 5 | | (9) The fee to be paid to have the scoring of an
| 6 | | examination, administered by the Department, reviewed and
| 7 | | verified, is $20 plus any fees charged by the applicable
| 8 | | testing service.
| 9 | | (10) The fee to be paid by a licensee for a wall
| 10 | | certificate showing his or her license shall be the actual | 11 | | cost
of producing the certificate as determined by the | 12 | | Department.
| 13 | | (11) The fee for a roster of persons licensed as
| 14 | | physicians in this State shall be the actual cost of
| 15 | | producing such a roster as determined by the Department.
| 16 | | (F) Any person who delivers a check or other payment to the | 17 | | Department that
is returned to the Department unpaid by the | 18 | | financial institution upon
which it is drawn shall pay to the | 19 | | Department, in addition to the amount
already owed to the | 20 | | Department, a fine of $50. The fines imposed by this Section | 21 | | are in addition
to any other discipline provided under this Act | 22 | | for unlicensed
practice or practice on a nonrenewed license. | 23 | | The Department shall notify
the person that payment of fees and | 24 | | fines shall be paid to the Department
by certified check or | 25 | | money order within 30 calendar days of the
notification. If, | 26 | | after the expiration of 30 days from the date of the
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| 1 | | notification, the person has failed to submit the necessary | 2 | | remittance, the
Department shall automatically terminate the | 3 | | license or permit or deny
the application, without hearing. If, | 4 | | after termination or denial, the
person seeks a license or | 5 | | permit, he or she shall apply to the
Department for | 6 | | reinstatement or issuance of the license or permit and
pay all | 7 | | fees and fines due to the Department. The Department may | 8 | | establish
a fee for the processing of an application for | 9 | | reinstatement of a license or permit
to pay all expenses of | 10 | | processing this application. The Secretary
may waive the fines | 11 | | due under this Section in individual cases where the
Secretary | 12 | | finds that the fines would be unreasonable or unnecessarily
| 13 | | burdensome.
| 14 | | (Source: P.A. 97-622, eff. 11-23-11; 98-3, eff. 3-8-13; | 15 | | 98-1140, eff. 12-30-14 .)
| 16 | | Section 99. Effective date. This Act takes effect upon | 17 | | becoming law.
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